Under TX child custody laws, can a 13 year old decide which parent they want to live with

CHILD LAWS: say im am a 13 year old girl and my dad left me when i was 6 months and ive lived with my mom but for a year now ive been visiting him and i want to liv with him because me and my mom arent getting along and i NEED TO MOVE SOOON! like ASAP. so what do i need to do? - Is this your question? Add additional information
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Answers (1)

Patrick Allen Wright

Patrick Allen Wright

Contributor Level 3
Assuming that your dad filed a suit for custody if there was no prior order or a motion to modify if there was an existing order and if there are no health or safety issues with living with your dad. In Texas if you are 12 years or age or older and have filed with the court in writing the name of the parent who you want to have the exclusive right to designate your primary residence(where you live) the court will take your wish into consideration. Your choice is not mandatory on the court but the court has the discretion to make the change if the court finds that it is in your best interest. I would need to know if you have an exisitng order in place, where the parties live, what the reasons are why you are not getting along with your mom..ie..maybe she is making you go to school or do your homework...not bad things... Just remember that just because you want to make a change to go live with another parent is not reason enough to justify the change because the court will always look after your best interest.

Patrick Wright
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